Kerala High Court
Benny Mathew vs Kanjirapally Service Co-Operative ... on 3 July, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:48867
W.P (C) No.24211 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 24211 OF 2025
PETITIONERS:
1 BENNY MATHEW,
AGED 59 YEARS,
S/O. MATHEW, RESIDING AT VALUMANNEL HOUSE,
ANAKKALLU P.O., KANJIRAPPALLY,
KOTTAYAM DISTRICT, PIN - 686507
2 KOCHURANNI BENNY,
AGED 56 YEARS,
W/O. BENNY MATHEW, VALUMANNEL HOUSE,
ANAKKALLU P.O., KANJIRAPPALLY,
KOTTAYAM DISTRICT, PIN - 686507
BY ADVS.
SRI.LIJI.J.VADAKEDOM
SHRI.ATHUL V. VADAKKEDOM
SMT.REXY ELIZABETH THOMAS
SMT.ANCY DANIEL
RESPONDENTS:
1 KANJIRAPALLY SERVICE CO-OPERATIVE BANK LTD., NO
2061
REPRESENTED BY ITS SECRETARY,
OFFICE OF THE KANJIRAPALLY SERVICE CO-OPERATIVE
BANK LTD., NO 2061, PB NO 2,
KANJIRAPALLY KOTTAYAM DISTRICT, PIN - 686507
2025:KER:48867
W.P (C) No.24211 of 2025
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2 THE SECRETARY,
KANJIRAPALLY SERVICE CO-OPERATIVE BANK LTD., NO
2061, PB NO 2, KANJIRAPALLY, KOTTAYAM DISTRICT,
PIN - 686507
3 SPECIAL SALE OFFICER,
KANJIRAPALLY SERVICE CO-OPERATIVE BANK GROUP,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL) KANJIRAPPALLY,
KOTTAYAM DISTRICT, PIN - 686507
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:48867
W.P (C) No.24211 of 2025
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K.BABU, J.
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W.P (C) No.24211 of 2025
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Dated this the 3rd day of July, 2025
JUDGMENT
The prayers in this Writ Petition are as follows:
"a. Issue a writ of mandamus or any other appropriate
writ, direction or order directing the 3rd Respondent to
consider and dispose of Exhibit P3 representation
within a stipulated time limit with notice to the
petitioners.
b. Issue a writ of mandamus or any other appropriate
writ, direction or order directing the 3rd Respondent to
stay the execution proceedings pursuant to Exhibit P2
and P2(a)-notices.
c. To dispense with the filing of English translation of
vernacular documents produced along with the Writ
Petition.
d. Grant such other reliefs which this Honourable Court
may deem fit and proper in the interest of justice."
2. In view of the reliefs sought for in the writ petition, notice
to respondent Nos.1 to 3 is dispensed with.
3. Heard the learned counsel for the petitioner.
4. The petitioners availed a loan from respondent No.1 bank
creating Gehan in favour of the bank in respect of an immovable
property having an extent of 50.59 Ares, comprised in Re-survey
2025:KER:48867
No.274/2/1 of Block No.14, situated in Kanjirappally Village.
5. The petitioners committed default in repaying the loan. The
bank initiated proceedings against them. The Sale Officer is
proceeding with the mortgaged property. The grievance of the
petitioners is that the entire mortgaged property is not required to
satisfy the debt.
6. The learned counsel for the petitioners, relying on Rule 85
of the Kerala Co-operative Societies Rules, 1969, submitted that the
sale officer has a statutory responsibility to limit the extent of the
property sought to be auctioned that may be sufficient to discharge
the amount due. It is submitted that the petitioners filed Ext.P3
application before the sale officer.
7. The learned counsel for the petitioners submits that the
petitioners are prepared to file two separate petitions seeking relief
as provided in Rule 85 of the Kerala Co-operative Societies Rules,
1969. If such applications are filed before respondent No.3 within a
week, he shall consider those applications in accordance with law,
after giving opportunity of hearing to the bank as well as the
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petitioners, before proceeding to conduct auction. The petitioners
shall deliver a copy of the judgment to the sale officer along with
the application that may be filed by them.
The Writ Petition is disposed of as above.
Sd/-
K.BABU,
JUDGE
KAS
2025:KER:48867
APPENDIX OF WP(C) 24211/2025
PETITIONER EXHIBITS
Exhibit P1 THE DETAILS OF THE LOAN NO. OFB7214
DATED 24.09.2020 AVAILED BY THE 1ST
PETITIONER
Exhibit P1(a) THE DETAILS OF THE LOAN NO. OFB7215
DATED 24.09.2020 AVAILED BY THE 2ND
PETITIONER
Exhibit P2 THE TRUE COPY OF THE FORM 6 NOTICE
DATED 25.09.2024 IN AWARD NO. 496/2023
Exhibit P2(a) THE TRUE COPY OF THE FORM 6 NOTICE
DATED 25.09.2024 IN AWARD NO. 497/2023
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
DATED 23.05.2025 SUBMITTED BEFORE THE
3RD RESPONDENT-SPECIAL SALE OFFICER
